Canon XV.
A woman shall not receive the laying on of hands as a deaconess under forty years of age, and then only after searching examination. And if, after she has had hands laid on her and has continued for a time to minister, she shall despise the grace of God and give herself in marriage, she shall be anathematized and the man united to her.
Notes.
Ancient Epitome of Canon XV.
No person shall be ordained deaconess except she be forty years of age. If she shall dishonour her ministry by contracting a marriage, let her be anathema.
This canon should be read carefully in connexion with what is said in the Excursus on deaconesses to canon xix. of Nice.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa XXVII, Quæst. I., Canon xxiij.
Canon XVI.
It is not lawful for a virgin who has dedicated herself to the Lord God, nor for monks, to marry; and if they are found to have done this, let them be excommunicated. But we decree that in every place the bishop shall have the power of indulgence towards them.
Notes.
Ancient Epitome of Canon XVI.
Monks or nuns shall not contract marriage, and if they do so let them be excommunicated.
Van Espen.
Since this canon says nothing at all of separation in connexion with a marriage made contrary to a vow, but only orders separation from communion, it seems very likely that vows of this kind at the time of the synod were not considered diriment but only impedient impediments from which the bishop of the diocese could dispense at least as far as the canonical punishment was concerned.
Hefele.
The last part of the canon gives the bishop authority in certain circumstances not to inflict the excommunication which is threatened in the first part, or again to remove it. Thus all the old Latin translators understood our text; but Dionysius Exiguus and the Prisca added confitentibus, meaning, "if such a virgin or monk confess and repent their fault, then the bishop may be kind to them." That the marriage of a monk is invalid, as was ruled by later ecclesiastical law, our canon does not say; on the contrary, it assumes its validity, as also the marriages contracted by priests until the beginning of the twelfth century were regarded as valid.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa xxvii., Quæst. I., canon xxii., from Isidore's version; it is also found in Dionysius's version as canon xij. of the same Quæstio, Causa, and Part, where it is said to be taken "ex Concilio Triburiensi."
Canon XVII.
Outlying or rural parishes shall in every province remain subject to the bishops who now have jurisdiction over them, particularly if the bishops have peaceably and continuously governed them for the space of thirty years. But if within thirty years there has been, or is, any dispute concerning them, it is lawful for those who hold themselves aggrieved to bring their cause before the synod of the province. And if any one be wronged by his metropolitan, let the matter be decided by the exarch of the diocese or by the throne of Constantinople, as aforesaid. And if any city has been, or shall hereafter be newly erected by imperial authority, let the order of the ecclesiastical parishes follow the political and municipal example.
Notes.
Ancient Epitome of Canon XVII.
Village and rural parishes if they have been possessed for thirty years, they shall so continue. But if within that time, the matter shall be subject to adjudication. But if by the command of the Emperor a city be renewed, the order of ecclesiastical parishes shall follow the civil and public forms.
Bright.
The adjective enchorious is probably synonymous with agroikikas ("rusticas," Prisca), although Dionysius and Isidorian take in as "situated on estates," cf. Routh, Scr. Opusc., ii., 109. It was conceivable that some such outlying districts might form, ecclesiastically, a border-land, it might not be easy to assign them definitively to this or that bishopric. In such a case, says the Council, if the bishop who is now in possession of these rural churches can show a prescription of thirty years in favour of his see, let them remain undisturbed in his obedience. (Here abiastos may be illustrated from biasamenos in Eph. viij. and for the use of oikonomein see I. Const., ij.) But the border-land might be the "debate-able" land: the two neighbour bishops might dispute as to the right to tend these "sheep in the wilderness;" as we read in Cod. Afric., 117, "multæ controversiæ postea inter episcopos de dioecesibus ortæ sunt, et oriuntur" (see on I. Const., ij.); as archbishop Thomas of York, and Remigius of Dorchester, were at issue for years "with reference to Lindsey" (Raine, Fasti Eborac., i. 150). Accordingly, the canon provides that if such a contest had arisen within the thirty years, or should thereafter arise, the prelate who considered himself wronged might appeal to the provincial synod. If he should be aggrieved at the decision of his metropolitan in synod, he might apply for redress to the eparch (or prefect, a substitute for exarch) of the "diocese," or to the see of Constantinople (in the manner provided by canon ix.). It is curious "that in Russia all the sees are divided into eparchies of the first, second, and third class" (Neale, Essays on Liturgiology, p. 302).
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa XVI., Quæst. iii., can. j., in Isidore Mercator's version. [290]
[290] Hefele does not give this reference, and Van Espen gives it incorrectly as causa xix. instead of xvi.